Wong Kian Kheong JCA:

A. Introduction

[1] This appeal concerned a police investigating officer (IO) who was charged with murdering his lover but he had however alleged that she was killed by a robber who broke into her home.

[2] A draft copy of this judgment (Draft) had been previously forwarded to Supang Lian and Collin Lawrence Sequerah JJCA. Both my learned sister and brother had agreed with the Draft.

B. Previous proceedings

[3] The appellant (Appellant) was a police inspector who was charged with the murder of one Cik Kartini bt Borhan (Deceased) in Lot 7, Phase 5, Taman Andika, Keningau, Sabah (Premises) on 29 September 2011, between 4.00 am and 5.00 am (Amended Charge), an offence punishable under s 302 of the Penal Code ( PC ).

[4] At the end of the prosecution case, the High Court acquitted and discharged the Appellant of the Amended Charge (High Court's Initial Acquittal and Discharge).

[5] The prosecution's appeal to the Court of Appeal against the High Court's Initial Acquittal and Discharge was dismissed (Court of Appeal's Decision).

[6] Upon further appeal by the prosecution against the Court of Appeal's Decision to the Federal Court, the Federal Court allowed the